Non-EU Spouse of an EU Citizen: Your Right to Live in Europe (2026)
If you're married to an EU citizen who lives in another EU country, you don't need a work visa, a salary threshold or a language test to join them. EU free-movement law gives you a right of residence of your own. Here is how it works, what you need, and the one situation where it doesn't apply — from the European Commission's Your Europe service.
Quick answer
A non-EU spouse or registered partner of an EU citizen who lives, works, studies or looks for work in another EU country can join them there under the Free Movement Directive (2004/38/EC). For stays of up to 3 months you need only a valid passport and, depending on your nationality, an entry visa. After 3 months you must apply for a residence card, usually at the town hall or local police station. The authorities should decide within 6 months; the card is often free or costs no more than a national ID card, and is normally valid for 5 years. If your EU spouse is working, there are no further conditions. After 5 years of legal residence you can get a permanent residence card valid for 10 years. These rules don't apply if you're joining your spouse in their own home country and haven't lived together in another EU country — then national immigration law applies.
Who these rules cover
EU free-movement rules protect EU citizens who move to another EU country, and their families. If your spouse is, say, an Italian citizen living in Spain, you can join them in Spain under EU law. The same applies to registered partners in countries that treat registered partnerships like marriage, and to children and grandchildren joining their EU family abroad.
The key exception: if you want to join your EU spouse in their country of origin — an Italian in Italy — and you haven't lived together in another EU country before, only national rules apply. That usually means a national family-reunification visa with its own conditions.
Step by step: from arrival to residence card
| Stage | What you need |
|---|---|
| Up to 3 months | A valid passport and, depending on your nationality, an entry visa. Some countries ask you to report your presence soon after arrival. |
| After 3 months | Apply for a residence card. You'll need your passport, your spouse's registration certificate or other proof of residence, and proof of the relationship, such as a marriage certificate. No other documents may be requested. |
| Decision | Within 6 months. You can't be expelled because your visa expired while the application is being processed. |
| The card | Often free of charge; any fee may not be higher than a national ID card. Valid for 5 years, or your planned stay if shorter. It must say it's the residence card of a family member of an EU citizen. |
| After 5 years | Apply for a permanent residence card, valid for 10 years and automatically renewable. |
Conditions depend on what your EU spouse does
- Worker or self-employed: if your EU spouse is legally employed in the host country, you can stay with them without having to meet any conditions.
- Pensioner: your spouse needs sufficient income to live without income support and comprehensive health insurance for the whole family.
- Student: your spouse must be enrolled at an approved educational establishment, have enough income to support the family without income support, and have comprehensive health insurance for the family.
During your stay you should be treated in the same way as nationals of the host country, notably regarding access to employment, pay, benefits and school enrolment.
If the marriage ends or your spouse dies
You don't automatically lose your right to stay. If your EU spouse dies before acquiring permanent residence, you may stay if you had lived in the country for at least 1 year before their death. If you divorce, you may stay if you had lived there for at least 1 year and the marriage had lasted at least 3 years before divorce proceedings started — or if you have custody of, or court-ordered access in that country to, your children. In both cases you must then meet the same residence conditions as EU nationals.
Practical tips
- Carry your passport. In some countries you can be fined or temporarily detained for leaving it at home, but not sent home for that reason alone.
- Moving again? Your residence card lets you travel, but if you move to another EU country you must apply for a new card there.
- Learn the language anyway. EU law doesn't require it, but jobs, doctors and schools do. Language Lab teaches everyday language for 50 languages.
Key takeaways
- Applies when: your EU spouse lives in an EU country other than their own.
- Timeline: residence card after 3 months; decision within 6 months; card valid 5 years.
- Cost: often free; never more than a national ID card.
- Permanent: after 5 years, a 10-year permanent residence card.
FAQ
Can a non-EU spouse of an EU citizen work?
Yes. According to the European Commission's Your Europe service, during your stay you should be treated in the same way as nationals of your host country, notably regarding access to employment and pay.
How long does it take to get a residence card as the spouse of an EU citizen?
The authorities should decide within 6 months. You cannot be expelled because your visa expired while the application is being processed.
Can I use EU rules to join my spouse in their home country?
Only if you've lived together in another EU country before. Otherwise, joining an EU spouse in their country of origin falls under that country's national immigration rules.
What happens if we divorce?
You may stay if you had lived in the country for at least 1 year and the marriage had lasted at least 3 years before proceedings started, or if you have custody of or court-ordered access to your children there. You then need to meet the residence conditions that apply to EU nationals.
Sources (official only)
- Your Europe — non-EU spouses and children
- Your Europe — registering presence of non-EU family members (residence card)
- Your Europe — permanent residence for non-EU family members
- Your Europe — civil unions and registered partnerships
Verified against the official pages above on 26 September 2026. Information, not legal advice.